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Home My WebLink About09042 City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 12, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: City Clerk’s Office FROM: Gina Dutcher, City Clerk Lisa Macchietto, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING SUBSECTION C OF SECTION 12 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE FOR THE PURPOSE OF ELIMINATING THE DISTANCE RESTRICTION CONTAINED IN § 12-47- 313(1)(d)(I), C.R.S., WITH RESPECT TO A HOTEL AND RESTAURANT LIQUOR LICENSE ON PREMISES LOCATED AT THE NETA AND EDDIE DEROSE THUNDERBOWL ON THE CAMPUS OF THE COLORADO STATE UNIVERSITY- PUEBLO SUMMARY: Attached is an Ordinance amending Section 11-3-12(c) of the Pueblo Municipal Code which eliminates the minimum distance restriction for an independent hotel and restaurant liquor license to serve the Neta and Eddie DeRose Thunderbowl on the Colorado State University – Pueblo campus. PREVIOUS COUNCIL ACTION: On January 28, 1991 City Council passed and approved Ordinance No. 5661 which adopted Section 11-3-12 of the Pueblo Municipal Code as a new section. On November 26, 2007 City Council passed and approved Ordinance No. 7688 which eliminated the 500 foot distance restriction for a hotel and restaurant liquor license to serve the Occhiato University Center located upon the campus. On June 23, 2008 City Council passed and approved Ordinance No. 7831 which eliminated the 500 foot distance restriction for an optional premises license for the Neta and Eddie DeRose Thunderbowl. The optional premises license is connected to, and part of, the hotel and restaurant liquor license for the Occhiato University Center. BACKGROUND: The Colorado Liquor Code prohibits a liquor licensed premise within 500 feet of “any public or parochial school or the principal campus of any college, university or seminary.” C.R.S. § 12-47- 313(1)(d)(I). Excluded from this prohibition are renewal or reissuance of existing licenses, licensed premises on land owned by a municipality, licenses in effect prior to construction of the principal campus, or club licenses located within a principal campus if the membership is limited to faculty or staff of the institution. C.R.S. § 12-47-313(1)(d)(I). The Colorado Liquor Code permits the local governing body of a municipality, by ordinance, to eliminate or reduce the distance restriction imposed or eliminate one or more types of schools or campuses from the application of any distance restriction. C.R.S. § 12-47-313(1)(d)(III). City Council has previously taken action to eliminate the distance restriction to permit liquor to be served in the Occhiato University Center and the Neta and Eddie DeRose Thunderbowl. The current ordinance requires that both licenses be held, and therefore the premises operated, by the same person or entity. The proposed ordinance will allow for two separate and independent hotel and restaurant licenses on the campus, one each for the Occhiato University Center and the Neta and Eddie DeRose Thunderbowl. This change will allow for different persons or entities to license and operate the two different facilities. The Pueblo Liquor and Beer Licensing Board will continue to maintain authority and discretion to grant or deny any application for those classes of liquor licenses that are affected by the change. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: The Friends of Football, Inc., a Colorado nonprofit corporation, the owner of the Neta and Eddie DeRose Thunderbowl, have been consulted regarding this proposed ordinance and recommend approval of this ordinance. ALTERNATIVES: The City may choose to maintain the current ordinance language. This will require the person or entity wishing to serve liquor at the Thunderbowl to hold both the hotel and restaurant liquor license for the Occhiato University Center and the optional premises license for the Neta and Eddie DeRose Thunderbowl. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance ORDINANCE NO. 9042 AN ORDINANCE AMENDING SUBSECTION C OF SECTION 12 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE FOR THE PURPOSE OF ELIMINATING THE DISTANCE RESTRICTION CONTAINED IN § 12-47-313(1)(d)(I), C.R.S., WITH RESPECT TO A HOTEL AND RESTAURANT LIQUOR LICENSE ON PREMISES LOCATED AT THE NETA AND EDDIE DEROSE THUNDERBOWL ON THE CAMPUS OF THE COLORADO STATE UNIVERSITY-PUEBLO WHEREAS, the Colorado Liquor Code generally prohibits the issuance of any type of liquor license if the building in which liquor is to be sold is located within 500 feet of the principal campus of any college or university; and WHEREAS, the Colorado Liquor Code allows the governing body of a municipality to eliminate or reduce such distance restrictions for hotel and restaurant licenses; and WHEREAS, the Friends of Football, Inc., the owner of the Neta and Eddie DeRose Thunderbowl located on the campus of Colorado State University-Pueblo has requested the modification of the elimination of the distance restriction in the manner set forth herein, and such request is not unreasonable nor contrary to the public good, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 12 of Chapter 3, Title 11, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-3-12. - Distance from schools or colleges. . . . . (c) Pursuant to authority granted to the City Council by the Colorado Liquor Code, the five-hundred-foot distance limitation contained in Section 12-47-313(1)(d)(I), C.R.S., is hereby eliminated for: (1) a Hotel and Restaurant Class Liquor License to serve the Occhiato University Center located upon the Pueblo Campus of Colorado State \[ University, 2200 Bonforte Boulevard, Pueblo, CO 81001; and (2) an Optional Premise \] License issued in connection with saida Hotel and Restaurant Class Liquor License to serve the Neta and Eddie DeRose Thunderbowl located upon the Pueblo Campus of Colorado State University, 2301 Rawlings Blvd., Pueblo, CO 81001. . . . . (e) Any license granted under the provisions of this Section shall also be subject to all other applicable provisions of state and local law. (f) The grant or denial of any application under this Section shall remain within the authority and discretion of the Liquor and Beer Licensing Board. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: September 12, 2016 BY: Ed Brown PASSED AND APPROVED: September 26, 2016